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Learn the essential steps to take after a car accident in North Carolina. Stay safe, protect your rights, and let Amos Law Firm guide you every step of the way!

Discover essential steps to take after a car accident in NC. Learn about legal requirements, safety measures, and how Amos Law Firm can assist you at every stage.

Learn who qualifies for expunction in North Carolina, key eligibility criteria, NC expunction laws, and the petition process to clear your criminal record.

At Amos Law Firm, we understand that a past mistake shouldn't define your future. A criminal record can hinder opportunities for employment, education, housing, and more. Fortunately, North Carolina law provides a legal avenue called "expunction" (also known as expungement) that allows eligible individuals to erase certain criminal charges or convictions from their records. We are committed to guiding you through this process to help you move forward with a clean slate. What Is an Expunction? An expunction is a court-ordered process that removes a criminal charge or conviction from your public record. Once an expunction is granted, the law treats the offense as if it never occurred. This means that you can legally state that you have not been arrested, charged, or convicted of the expunged offense. Eligibility for Expunction in North Carolina North Carolina law outlines specific criteria for eligibility, which can vary depending on the nature of the offense and your criminal history. Below are some common scenarios where an individual may qualify for an expunction: 1. Dismissed Charges and Not Guilty Verdicts Dismissed Charges: If your case was dismissed or you were found not guilty, you might be eligible for an immediate expunction. Multiple Dismissals: Recent changes in the law allow for the expunction of multiple dismissed charges. 2. First-Time Convictions Non-Violent Misdemeanors: First-time convictions for certain non-violent misdemeanors may be expunged after a waiting period. Non-Violent Felonies: Certain non-violent Class H or I felonies may be eligible for expunction. 3. Offenses Committed Under Age 18 or 22 Under 18: Convictions for misdemeanors committed before the age of 18 may be eligible. Under 22: Certain offenses related to alcohol possession or consumption committed before age 22 can be expunged. 4. Identity Theft Victims If you have a criminal record due to identity theft or misuse of your identity, you may qualify for an expunction. Waiting Periods and Conditions Misdemeanors: Typically require a waiting period of five years from the date of conviction or completion of any sentence, whichever is later. Felonies: Generally require a waiting period of ten years . Good Behavior: You must demonstrate good behavior during the waiting period with no additional convictions (excluding traffic violations).  Restitution and Fines: All court-ordered restitution and fines must be paid in full. The Expunction Process 1. Eligibility Assessment: We will conduct a thorough review of your criminal record and circumstances to determine eligibility. 2. Preparation of Petition: Complete necessary forms, including affidavits of good character from non-relatives. 3. Filing the Petition: Submit the petition to the clerk of court in the county where the charge or conviction occurred. 4. Background Check: The State Bureau of Investigation conducts a criminal background check. 5. Prosecutor's Review: The district attorney's office reviews the petition and may object. 6. Court Hearing: A judge evaluates the petition, any objections, and may hold a hearing before making a decision. 7. Order of Expunction: If granted, an order is sent to various agencies to remove the record from public databases. Benefits of an Expunction Employment Opportunities: Employers conducting background checks will not see the expunged record. Education and Housing: Colleges and landlords will not have access to the expunged information. Peace of Mind: Legally state that you have not been arrested, charged, or convicted of the expunged offense. Restoration of Rights: In some cases, restoration of certain rights lost due to the conviction. Why Choose Amos Law Firm Experienced Representation: We have extensive experience navigating the complexities of North Carolina expunction laws. Personalized Service: We provide individualized attention to understand your unique situation and goals. Comprehensive Support: From initial consultation to the final court order, we guide you through every step. Confidentiality Assured: We handle your case with the utmost discretion and professionalism. Frequently Asked Questions Q: Can all criminal records be expunged? A: No, certain offenses, especially violent felonies and offenses requiring sex offender registration, are generally not eligible for expunction. Q: How long does the expunction process take? A: The process can take several months, depending on court schedules and the time required for background checks. Q: Will an expunction restore my firearm rights? A: Not necessarily. Expunction does not automatically restore firearm rights. Additional legal steps may be required. Contact Us for a Free Consultation Taking the first step toward clearing your record is easy. Contact Amos Law Firm today to schedule a free, confidential consultation. We will assess your eligibility and discuss how we can assist you in obtaining an expunction.

As your Social Security disability attorney, I'd like to provide you with important information about working while receiving Social Security Disability Insurance (SSDI) benefits. It's commendable that you're considering returning to work, and understanding how this decision affects your benefits is crucial. Trial Work Period (TWP): What It Is: The TWP allows you to test your ability to work for at least nine months without losing your SSDI benefits. How It Works: During this period, you can earn any amount of income, and your benefits will not be affected. Earnings Threshold: In 2023, a month counts toward your TWP if you earn more than $1,050 before taxes. (This amount may change annually.) Extended Period of Eligibility (EPE): Duration: After the TWP, you enter a 36-month EPE. Substantial Gainful Activity (SGA): If you earn less than the SGA level— $1,470 per month for non-blind individuals in 2023—you'll continue to receive full benefits. Impact of Exceeding SGA: If your earnings exceed the SGA in any month, you won't receive SSDI benefits for that month. However, benefits can be reinstated without a new application if earnings drop below SGA within the EPE. Continuation of Medicare Coverage: Medicare Benefits: You'll continue to receive Medicare Part A (Hospital Insurance) premium-free for at least 93 months after the TWP, even if you're working. Expedited Reinstatement: Safety Net: If your benefits stop because of work and you become unable to work again within five years, you can request that your benefits be reinstated without filing a new application. Work Incentives: Impairment-Related Work Expenses (IRWEs): Costs for items or services related to your disability that you need to work (e.g., wheelchair, counseling services) can be deducted from your earnings when determining SGA. Ticket to Work Program: A voluntary program providing free employment support services to help you return to work. Reporting Requirements: Obligation to Inform SSA: You must report any changes in your work activity to the Social Security Administration (SSA) promptly, including: Starting or stopping work Changes in duties, hours, or pay Avoiding Overpayments: Timely reporting helps prevent overpayments that you might have to repay later. Considerations Before Returning to Work: Assess Your Capacity: Evaluate your health and ability to handle work-related activities. Part-Time vs. Full-Time: Starting with part-time work might help you adjust gradually. Consult with Professionals: Consider vocational rehabilitation services or counseling. Potential Impact on Benefits: Medical Reviews: Returning to work may trigger a Continuing Disability Review (CDR) to assess your medical condition. Long-Term Effects: Exceeding SGA after the EPE can lead to the cessation of benefits. Recommendations: Keep Detailed Records: Maintain documentation of your earnings and any work-related expenses. Stay Informed: Keep abreast of annual changes in SGA and TWP thresholds. Open Communication: Regularly update the SSA about your work activity to ensure compliance. Conclusion: Working while on SSDI is possible and can be beneficial both financially and personally. The SSA provides several programs and incentives to support beneficiaries who wish to return to work. However, it's important to navigate these rules carefully to maintain your benefits and avoid any unintended consequences. Next Steps: Let's schedule a meeting to discuss your specific situation in detail. We can develop a plan that aligns with your goals and ensures you understand all implications. Feel free to reach out with any questions or concerns. I'm here to support you through this process.

What is the Lookback Period? The lookback period in Social Security Disability cases refers to the timeframe during which the Social Security Administration (SSA) considers your past work history to determine whether you can still do any of your previous jobs or similar work. Previous Rule: 15-Year Lookback Period Under the old rule, the SSA looked at your work history from the past 15 years. They would assess whether you could still perform any job you did within that period. If you could do any of those jobs, your disability claim might be denied. New Rule: 5-Year Lookback Period Now, the SSA will only consider your work history from the past five years. This shorter period focuses on more recent jobs when determining if you can still work. Impact of the Change 1. Easier Qualification for Disability Benefits : With the shorter 5-year lookback, it’s less likely that the SSA will find a job from your past that you can still do, especially if your most recent work was less demanding or more specialized. 2. Fewer Relevant Jobs : Jobs you performed more than five years ago will not be considered, which is particularly beneficial if your older jobs required physical or mental demands that you can no longer meet. 3. Focus on Recent Work : The SSA’s decision will be based on jobs you held more recently, which may better reflect your current abilities and limitations. Why This Matters For many applicants, this change means that their older, possibly more demanding jobs will not be a factor in their disability determination. This increases the chances of qualifying for benefits, as the SSA is now more focused on whether you can perform your most recent work, which might be easier given your current health.

Introduction When dealing with Social Security Disability Insurance (SSDI), one term you'll frequently encounter is the Date Last Insured (DLI). Understanding the significance of this date is crucial for anyone planning to file an SSDI claim. In this blog post, we'll simplify what DLI means, why it's important, and how it impacts your SSDI claim. What is the Date Last Insured (DLI)? The Date Last Insured is a key date in the context of SSDI. It represents the last day you are eligible for disability benefits under the SSDI program. To understand DLI, consider SSDI as a subscription-based service, much like an insurance policy, which is active as long as you're working and contributing to Social Security through your taxes. The Role of Work Credits Earning Work Credits : You earn 'work credits' based on your yearly wages or self-employment income. You can earn up to four credits per year. Maintaining Insurance : To keep your 'subscription' (or insurance) active, you need to continuously earn these credits. Why DLI is Crucial Determines Eligibility : Your disability must have started before or on your DLI for you to be eligible for SSDI benefits. Proving Your Claim : If you file a claim after your DLI, you must provide strong medical evidence showing that your disability began before or on the DLI. The Benefits of Understanding Your DLI Effective Planning : Knowing your DLI helps in strategizing and effectively planning your SSDI claim. Avoiding Claims Denial : Many claims filed after the DLI are denied due to ineligibility. Being aware of your DLI helps avoid such situations. Prompt Action : Understanding your DLI encourages timely filing and gathering of necessary medical evidence. Real-Life Analogy Think of the DLI like the expiration date of a car warranty. If your car has issues before the warranty expires, repairs are covered. Similarly, if your disability starts before the DLI, you're likely eligible for SSDI benefits. If it's after, just like a post-warranty car repair, you're generally not covered. Conclusion In conclusion, the Date Last Insured is a pivotal factor in your SSDI claim process. It's essential to be aware of this date to ensure that you're filing your claim within the eligible period. Understanding the DLI can significantly influence the success of your SSDI claim and ensure that you receive the benefits you deserve.

A "Closed Period of Disability" in SSDI refers to a specific period during which an individual was unable to work due to a disabling condition, but their medical condition improved to the point where they could return to substantial gainful activity (SGA) within a defined timeframe. Key Points: Onset Date : This is the date when the individual's disability began, and they became unable to work at the SGA level due to their medical condition. Closed Period Start Date : This marks the beginning of the closed period, which is the time when the individual was unable to work due to their disability. Closed Period End Date : This is the date when the individual's medical condition improved to the extent that they could return to work at the SGA level or engage in substantial gainful activity. Decision : The Social Security Administration (SSA) evaluates the medical evidence and decides on the closed period, which can be either "Fully Favorable" or "Partially Favorable." Benefits Payment : If the SSA issues a "Fully Favorable" decision for the closed period, the individual may be entitled to receive SSDI benefits for the duration of the closed period. If the decision is "Partially Favorable," the SSA recognizes the closed period but might have limitations or conditions on benefits. Here’s a simplified chart to illustrate the concept:

When you apply for SSDI benefits, the decision from the Social Security Administration (SSA) will fall into one of two categories: Fully Favorable or Partially Favorable. Understanding the distinction between these two can significantly impact your expectations and planning. 1. Fully Favorable Decision What It Means: This decision aligns entirely with your claim. The SSA agrees with your alleged onset date of disability and grants benefits from that date. Impact: You receive benefits from the date you claimed your disability began, ensuring maximum possible back pay. 2. Partially Favorable Decision What It Means: The SSA agrees that you are disabled but disagrees with the onset date. They assign a later start date for your disability. Impact: You still receive benefits from a later date than you claimed, which affects the amount of backpay you receive. Visual Representation: Understanding the Timelines To help you visualize the difference, let’s look at a chart comparing both decisions: The green line represents a Fully Favorable decision. It indicates that benefits start from the date you claimed your disability began. The blue line depicts a Partially Favorable decision, starting from a later date determined by the SSA.